THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Saturday, January 9, 2016

Retired Judge Carl Becker and other visionaries of Communist China

The Wall Street Journal recently reported a political disbarment of an attorney in China, in addition to a criminal conviction and a 3-year prison sentence, which was suspended and probation ordered instead for the same period of time.
 
The attorney's "punishment was based on seven messages he posted online criticizing the government’s ethnic policies and certain government officials for incompetence", reports WSJ.
 
The article also describes changes in criminal law in China targeting criticism of the judiciary:
 
"The state has taken other steps to limit lawyers’ activities. Article 309 of the Criminal Law was amended earlier this year with vague language that makes punishable “insulting, defaming or threatening” a judicial officer, and “engaging in other acts that seriously disrupt the order of the court.”
 
But, China was outpaced in this new development of the law by New York retired judge Carl F. Becker and appellate judges of the 3rd Department and of the 4th Department.
 
The now-hastily-retired Carl F. Becker, as far back as in 2011, sanctioned me for "harassing the court" and "threats against the court" (himself).  If you think that "threats against the court" were threats of physical violence, no, Becker perceived as a "threat" my warning to him that I may call him as a witness in the proceeding where he did make himself as a witness (based on documented evidence of his misconduct). 
 
Becker should sue the Chinese government for plagiarism from his sanctions against me that was used to take my law license - Article 390 of the Criminal Law in China tracks what he said in his order of sanctions that were considered valid by:
 
1) 5 judges in the 3rd Department on appeal of the 1st sanction:
 
 
2) 5 judges in the 3rd Department on appeal of the 2nd sanction
 
  • William McCarthy
  • Karen Peters - Chief Judge of the court, and former member of the corrupt NYS Commission for Judicial Conduct who refused to allow multiple complaints against Becker to proceed, and participated in a complaint against herself and her own court
  • Robert Rose
  • Edward Spain - now retired
  • John Egan
 
3) 5 judges in the 3rd Department on appeal of the 3rd sanction;
 
  • Thomas Mercure - now retired
  • Edward Spain - now retired
  • Leslie Stein -elevated to NYS Court of Appeals
  • William McCarthy
  • Elizabeth Garry
 
All in all 10 judges of Appellate Division 3rd Department concurred with the Chinese government on the issue that an attorney criticizing judicial misconduct should be sanctioned.
 
The following federal judges participated in using Becker's Chinese criminal law in order to impose Chinese attorney discipline upon me:
 
4) U.S. District court for the Northern District of New York, former Chief Judge of that court Norman Mordue;
 
5) a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, with participating judges:
 
Ralph Winter
Debra Ann Livingston
Denny Chin
 
and, finally, the following 4-judge panel finalized Becker's Chinese sanctions by pulling my law license based on those sanctions - without giving me a hearing that it initially ordered (because I asked it to be public):
 
6) a 4-judge panel of NYS Appellate Division 4th Department, with participating judges
 
 
 
7) two Chief Judges of appellate courts:

  • Karen Peters, Chief Judge of the 3rd Department and
  •     Henry Scudder - Chief Judge of the 4th Department, now retired and a "certified" associate judge of the same court (I cannot call any of the appellate judges "justices", since what they do has nothing to do with justice) 
 
agreed to transfer the disciplinary case from the 3rd Department to the 4th Department based on an illegal ex parte application of the disciplinary committee that was never served upon me and that was withheld by the 3rd Department from the 4th Department and from me (until this day).
 
21 judges all-in-all handled imposition of "Chinese" sanctions on me, for criticism and "threats" against a judge - threats were criticism.
 
During all that ordeal, I appealed to various mainstream media sources within the U.S. who refused to cover my story.
 
I then started a blog to cover my own story.
 
I was then prosecuted for a crime of criticizing the 4th Department and its attorney disciplinary committee, harassed for several months with criminal proceedings, pushed out of the State of New York, and then charges were dropped, but were efficient to intimidate me enough not to come to the final hearing - which was held against me.
 
I will not call these individuals - or any other judge in the U.S. - "honorable".  Not until the "honorables" refuse to give themselves permission to violate with impunity their oath of office (immunity for malicious and corrupt acts on the bench).
 
In all of above decisions (I interlinked them) all TWENTY ONE judges who imposed political sanctions upon me (the same sanctions as WSJ ardently condemns when applied by the Chinese government to a Chinese lawyer) cowardly refused to state that sanctions were imposed for raising constitutional arguments in motions to recuse.
 
You, my readers, paid, through your nose, I must say, for TWENTY ONE judge to consider and impose sanctions that WSJ heralds as violations of human rights - when similar sanctions are imposed upon a Chinese lawyer by the Chinese government.
 
It does not take much bravery to cover something that happens outside of the borders of your country.
 
And - I proudly present, once again, the list of visionaries, all licensed attorneys, all "honorables", with their "character and fitness" approved by the government, who imposed "Chinese" sanctions upon me, with a suggestion to ship them to China, they will be of great help in enhancing Article 390 of the Chinese Criminal Law.

Such a gift to Chinese government of these 22 experts in how to quash critics of judicial misconduct will certainly save taxpayers a lot of money to support these visionaries (salaries and pensions of state judges are reported as stated on seethroughny.org):
 
  1. Carl F. Becker - reported salary in 2014      $170,484
  2. Leslie Stein - reported salary in 2014          $183,300
  3. Thomas Mercure - last reported salary for 2013   $173,489;  annual pension since 2014 is $113,633
  4. Bernard Malone - reported rate of pay for 2012 $1,686, actually received $162,685; pension for 2015 is $33,380
  5. John Egan - reported salary in 2014   $183,300
  6. John Lahtinen - reported salary in 2014   $183,300, actually received $181,600
  7. William McCarthy - reported salary in 2014   $183,300, actually received $181,600
  8. Karen Peters - reported salary in 2014   $187,900
  9. Robert Rose - reported salary in 2014   $183,300
  10. Edward Spain - reported salary for 2013 $176,000, actually received $174,256
  11. Elizabeth Garry - reported salary in 2014   $183,300, actually received $181,600
  12. Norman Mordue - $174,000, actually Mordue receives $191,921, as an "inflation adjustment"
  13. Ralph Winter -  $203,000, on top of his earnings from lecturing in Yale Law School
  14. Debra Ann Livingston - $203,000
  15. Denny Chin - $203,000
  16. Henry Scudder - reported salary in 2014 $187,900, actually received $186,153
  17. Eugene Fahey - reported salary in 2014   $183,300, actually received $181,600
  18. Nancy Smith - reported salary in 2014   $183,300, actually received $181,682
  19. Edward Carni - reported salary in 2014   $183,300, actually received $181,600
  20. Joseph Valentino - reported salary in 2014   $183,300, actually received $182, 092
  21. Brian DeJoseph - reported salary in 2014   $183,300, actually received $178,016

 
 Think of savings to the U.S. economy through such expert-sharing!

Maybe, China will forgive the U.S. a couple of loans if the U.S. shares with China its experience in quashing "big-mouth" civil rights attorneys?




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